Massachusetts Bonding and Insurance Co., Petitioners v. Orkin Exterminating Company, Inc., Respondent

Summary

The Texas Supreme Court reversed the Court of Civil Appeals, reinstated the trial court’s judgment for the insurers, and remanded for further proceedings, holding that the insurer’s retrospective premium adjustments did not waive the notice‑of‑accident requirement, that the non‑waiver agreement does not bar a waiver claim, that the damage was an "accident" within the policy, and that genuine factual issues preclude summary judgment.